By Andrew Engelson

A PubliCola analysis of Seattle Municipal Court data reveals that, in the three and half years Ann Davison has served as Seattle City Attorney, her office has failed to live up to promises she made in her campaign in 2021, when she criticized former city attorney Pete Holmes for waiting too long to file cases and failing to prosecute serious misdemeanors aggressively.

Under Davison, a greater percentage of cases have been dismissed or ended in no conviction than when Holmes was city attorney. And while she has sped up the time it takes to file non-traffic misdemeanors, she’s taking more than twice as long as her predecessor, Pete Holmes, to file domestic violence cases.

Davison, a Republican who took office in 2022 after defeating abolitionist public defender Nicole Thomas Kennedy, is currently trailing challenger Erika Evans by a wide margin in her race for reelection. As of Friday, August 8, Davison had 33.8 percent of the vote to Evans’ 55.3 percent.

During her first campaign, Davison promised to more effectively prosecute people for misdemeanor offenses, crack down on repeat offenders, and critically examine community court, a therapeutic court she single-handedly dismantled in 2023. After winning the 2021 primary, Davison told KIRO NewsRadio, “We must address crimes at the misdemeanor level because otherwise it invites an increase in severity and frequency.” The city attorney’s office prosecutes misdemeanors, not felonies, and also serves as the city’s law firm.

“[The city attorney’s office] can talk a big game about wanting to get tough, but they’re not really willing to devote the resources necessary to take a tougher approach, because everybody understands that that would be too expensive and time-consuming to be worth it,” said Austin Field, political action coordinator for the chapter of SEIU 925 that represents King County public defenders.

The COVID pandemic profoundly altered how Seattle’s criminal justice system functioned. The number of cases SPD referred and the number of charges the city attorney’s office filed fell dramatically. In addition, in order to prevent the spread of COVID-19, the King County Jail stopped booking people on misdemeanor charges.

Both before and during this period, Holmes’ office was widely criticized for slow filing times – the period between when someone is arrested by SPD and when the city attorney decides whether to charge them with a crime. According to Davison’s office, delays under Holmes increased to a median of 162 days in late 2021. Since Davison’s election, the office has dropped the median time to file charges to 19 days.

In 2022, Davison’s office cleared a huge backlog of cases left over from the pandemic era out of the system, declining to file charges in 3,790 old cases. These cases are not included in our analysis of Davison’s record.

Lisa Daugaard, co-director of Purpose Dignity Action and the founder of the LEAD diversion program, said decreasing those delays improves things for people who are arrested. “The time to a decision about whether or not a case is going to be filed is a clear improvement. They said they were going to do that, and they did that,” Daugaard said.

But data from the Seattle Municipal Court also show that Davison is performing far more poorly than her predecessor on many metrics she promised to address.

One of Davison’s biggest supporters, Scott Lindsay—a former city public safety advisor who now serves as Davison’s deputy—wrote two reports in 2019 that heaped criticism on Holmes for filing cases slowly or declining to file charges for serious misdemeanors. In the second of those reports, Lindsay criticized Holmes for declining to file nearly half of all non-traffic misdemeanor cases, claiming that only one in three cases reached what Lindsay called “meaningful resolution.”

“[D]eclining to file almost half of all cases for multiple consecutive years leads to a significant waste of police time and effort and has significant consequences for victims,” Lindsay wrote.

However, data from the Seattle Municipal Court indicates that Davison’s office also declines to file cases about half the time.

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Lindsay also faulted Holmes for failing to reach “meaningful resolution” in 42 percent of non-traffic misdemeanor cases, including cases dismissed for incomplete or missing evidence, cases that were still pending two years or more after an arrest, cases dismissed because the defendant was not mentally competent to stand trial, or a dismissal in the “interest of justice”—usually a judge using discretion to toss a case they believe is without merit.

Since taking office, however, Davison’s record on this measure has been nearly identical to Holmes’, with about 38 percent of non-traffic misdemeanor cases between February 2022 and April 2025 failing to meet Lindsay’s “meaningful resolution” standard— 2,218 of 5,804 cases that were resolved during that period. In April, there were an additional 2,358 cases still pending.

According to Daugaard, the similarity between Davison’s and Holmes’ record shows that Lindsay’s “meaningful resolution” standard is a faulty metric. “A lot of cases have always been dismissed in Seattle Municipal Court, whether under Mark Sidran, Tom Carr, Pete Holmes or Davison,” she said. “That’s just in the nature of the work.”

In his report, Lindsay also claimed that Holmes declined to file charges too often after arrests, letting people who should have been prosecuted off the hook. At the lowest point for filing during Holmes’ tenure, in 2016 and 2017, the city attorney’s office declined to file charges 46 percent of the time.

But data from Davison’s most recent quarterly report indicates that the rate of declines under Davison has been similar, and at times higher, than under Holmes, hovering between 40 and 50 percent. In the first quarter of 2025, Davison’s decline rate was 48 percent—two percent higher than what Lindsay called the “worst” years under Holmes.

In addition, Davison’s office declined to file charges in an increasingly large number of those cases because city attorneys believed they were unable to prove guilt beyond a reasonable doubt. In the past two years, according to the city attorney office’s first quarter 2025 criminal division report, that figure has climbed to 38 percent of all declines. This compares to an average of 27 percent in 2018, when Holmes was city attorney.

Daugaard says a high decline rate isn’t necessarily a bad thing. “There is no absolute right percentage or right number of filings,” she said. “Declining a large number of cases may be completely appropriate and the absolute right level of filings to be pursuing.”

Field says that because Davison is declining so many cases due to lack of decisive evidence, many of his public defender colleagues are now more willing to take cases to trial. “[The city attorney’s] goal has really been to try to scoop people up and impose just enough bail so that they get held until they plead,” said Field. “For them it’s really not about taking cases to trial. So the best way to ensure a good outcome for our clients is to try to aggressively litigate.”

In its 2024 annual report, the King County Department of Public Defense (DPD) noted that when the city attorney’s office takes cases to trial, it often fails to get convictions. “The [city attorney’s] own data for 2024 show that they were more likely to have their case dismissed than receive a conviction,” the report said.

Despite improving filing times, Davison’s office is taking much longer than her predecessor to decide whether to file charges in domestic violence cases. According to data provided by the Seattle Municipal Court, the average time to file in DV cases more than doubled during Davison’s term—from 25 days in 2018, under Holmes, to 58 days in 2023.

Kennedy, who ran against Davison on a progressive platform, said that figure is deeply disturbing. “In cases of domestic violence, there are times when someone does need to be incarcerated, or something of that nature, for someone to be safe,” she said. “And if the time to file goes from 25 days to 58 days, that’s not really doing anything for the victim. In fact, it’s potentially putting them in more danger.”

Many of the people Davison is choosing to prosecute are homeless, dealing with substance use disorder, or experiencing mental illness. Last year, Davison’s criminal division prosecuted nearly 5,400 total non-traffic misdemeanor cases—well above the pandemic low of 3,500 set in 2021, but actually down from a high of more than 7,300 set in 2018 under Holmes.

In its 2024 report, DPD criticized Davin’s strategy, saying that her office was “reviving failed policies and a renewed focus on jailing people accused of low-level, non-violent offenses.”

“Our clients experiencing housing instability or a behavioral health disorder routinely see their needs unmet and their challenges exacerbated when they are prosecuted for nonviolent misdemeanor charges,” said Matt Sanders, Director of the King County Department of Public Defense.

“What these clients need, and what would ultimately reduce their likelihood of future involvement in the increasingly costly criminal legal system, is access to supportive housing and effective treatment options.”

A review of cases Davison show that many of the people she charges are accused of minor offenses that often result from poverty, drug use, or mental health issues.

For example, a woman was arrested in May 2023 and later charged by the CAO for shoplifting $30 worth of merchandise—several rolls of paper towels and some wine—from the Walgreens at 23rd and Jackson. Court records show that the woman was likely homeless and had a chronic history of minor shoplifting, including a 2022 conviction for stealing a pack of toilet paper and a bottle of laundry detergent. Another case, also in 2023, involved accusations that she shoplifted frozen shrimp, Lysol cleaner, a bag of frozen lima beans, and several other items from a Safeway.

The woman, who pled guilty to charges of theft and criminal trespass in the 2023 case last year, has not served her 364-day jail sentence after failing to appear at multiple court hearings, most likely because she’s homeless and can’t be located.

Another “high utilizer” of the court system identified by Davison’s office, according to municipal court records, was a woman charged with several counts of theft after a 2023 incident in which she allegedly shoplifted small items, including a pair of earrings and a hoodie, from several Pike Place Market merchants. Later that year, a competency evaluation found that the woman’s mental health prevented her from understanding the court proceedings, and her case was dismissed.

Field says Davison’s performative “tough on crime” approach to incidents like these doesn’t address underlying issues like homelessness and poverty. “Poverty is actually a political choice,” he said. “It’s something we’re imposing on folks, and one of the ways that we are keeping people poor is by prosecuting them for behavior that’s inevitably associated with having been born poor and having grown up poor.”

Before she become city attorney in 2022, Davison ran for and lost a race against Debora Juarez for Seattle city council. Then, in 2020, during the first Trump administration, she ran for lieutenant governor on the Republican Party ticket headed up by Loren Culp, losing in the primary.